Lawsuits Against Public Bodies For Wrongful Death

Portland wrongful death attorneys have faced a blizzard of questions recently surrounding the interpretation of Oregon’s statutes of limitation relating to wrongful death claims. The courts themselves had to recently rule on what it called “the interplay between the statute of limitations for lawsuits against public bodies and the statute that keeps alive personal injury claims despite the injured person’s death.

Continuation action claims are those where the claim for injuries continues after the injured person has died. Such cases can occur, for example, if a pedestrian or cyclist has been hit by a vehicle and goes into a coma or develops complications that lead to death some time after the accident happened. Earlier this year, the Oregon Court of Appeals ruled that the statute of limitations for filing a wrongful death claim does not affect or allow for an extension to the time limits for filing lawsuits against public bodies in personal injury claims.

Where three laws collide

The three main statutes at the center of the ruling are:

ORS 30.075(1), which allows a personal representative of an estate to continue or start a lawsuit against a wrongdoer “if the decedent might have maintained an action, had the decedent lived.

ORS 12.110, which states that the lawsuit must be filed within Oregon’s two year statute of limitations, “or within three years by the personal representative if not commenced prior to death.

ORS 30.275(9). This is a separate statute of limitations relevant to public bodies. This law says the two-year deadline applies regardless of any other statute of limitation.

When Portland wrongful death attorneys filed a lawsuit against a public body 14 days after the two-year anniversary of the injury, they argued that ORS 12.110 allows for the extra year, and that the lawsuit should proceed. The Oregon Court of Appeals saw things differently. They ruled that the three-year deadline for continuation actions is effectively “trumped” by the special law for public bodies (ORS 30.275(9)).

The statute of limitations in a wrongful death lawsuit also states that the claim must be made within two years of the injury causing the death; not of the death itself. This has led many people in the past to miss the claims deadline.

Limits have increased...apparently

While the insurance companies and public bodies are sure to fight it tooth and nail, Oregon courts

also appear to have upheld new legislation in which the limits on the amount of damages

recoverable have been increased in wrongful death cases. At present, that limit under the Oregon

Tort Claims Act has been set at $500,000, but a recent ruling stated that any amount awarded can be

made to each beneficiary in the case, even if they’re from the same family. In the past, it was

assumed the $500,000 maximum was for any one wrongful death claim against a public body, but in

a 2011 case against Tri-Met, a court ordered differently.

Miller v. Tri-County Metropolitan District

Austin Miller was killed when he was struck by a Tri-Met bus, which is a government agency. His parents brought a wrongful death claim against Tri-Met, and the trial court awarded $187,500 to each beneficiary, for a total award of $375,000. Tri-Met immediately appealed, saying the Oregon Tort Claims Act limited recoverable damages public bodies can be ordered to pay is $200,000, regardless of how many beneficiaries are bringing claims.

The court disagreed with Tri-Met and said when personal representatives (such as Portland wrongful death attorneys) sue on behalf of more than one person, the case is being brought by separate people, rather than by the deceased’s estate, and that in the case of multiple claimants, the damages limitation applies separately to each beneficiary. The court of appeals found that the original trial court did not err in awarding each beneficiary $187,500, and upheld the original ruling.

It’s quite clear that Oregon statutes of limitation applying to wrongful death claims are complex, and this is especially true when making a claim against a public body. They have separate legislation to protect themselves from massive claims, even in cases of extreme negligence. Proceeding with such a claim will require the services of a top professional, such as a team of experienced and knowledgeable Portland wrongful death attorneys, who know the relevant laws and can guide you through the entire process. It is critically important to contact such an attorney as early as possible, to avoid time running out on perfectly valid and legitimate claims.